Take the plea that appeal is barred by limitation
2) application for condonation of delay has to be made by govt explaining reasons for delay in filing appeal
Can Govt file an appeal after 2 yrs 2 months of losing a case
We were awarded extra compensation by the Faridabad Court for land acquisition done by the Haryana Govt. The date of this judgement was September 2019. The Govt of Haryana has now filled an appeal against the order in the Haryana High Court after 2 years and 2 months. My question is that is the Appeal valid and how should one challenge it?
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
You should engage an advocate to challenge the appeal. The government will try to give a valid reason/sufficient cause fot filing it after such a long period.
Share the contents of the appeal so as to better understand and appreciate the controversy as to on what grounds they have challenged and if they can be overcome.
Evan delay of two years can be condoned by court if there is valid reason for not preferring appeal within limitation. So far as contesting the appeal it has to be contested on merit as how the order of Court is correct and compensation awarded is just and reasonable in view of prevailing market value of acquired land. You can also seek further enhancement of compensation by filing cross appeal. If the delay is condoned it will condoned for both.
Normally, the appeal should be filed within the limitation period prescribed in the Act. In case of delay, convincing reasons should be given and condonation sought. Please find out what the petition of appeal states on this score. As the opposite party, definitely you would have received the notice and the petition copy. If the delay has not been satisfactorily explained, challenge the reasons and get the appeal dismissed.
1. YES .... Govt. dept. can file appeal ANYTIME with a delay condonation application. However acceptance or rejection is at the discretion of Court. You as a respondent are entitled to raise an objection for the same to set aside or dismiss such delayed appeal.
Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com
Dear Client,
The aggrieved party must file:-
Appeal to High Court - 90 days from the date of decree Or order.
Appeal to any other court - 30 days from the date of Decree or order.
Hence the appeal stands void.
Thankyou.
The Government Can file an appeal. However there was a delay in filling the appeal and the government should give satisfactory reason and if the reason stated by the Government is satisfied by the Hon'ble Court then the Hon'ble Court may condone the delay. Further, the court will also hear the say of the opposite party.
- As per the limitation Act, the appeal should be file within a maximum period of 90 days from the date of award /decree before the High court.
- Since, the govt file this appeal after 2 years and 2 months , then legally it is not maintainable and should be dismissed on the ground of limitation , even the official has file an application for condonation delay.
- You can take plea that on the ground of limitation it is not maintainable and must be dismissed.
No it's a time barred appeal but court may entertain the same if delay is condoned
If the government is filing the petition under section 5 of limitation act seeking to condone delay in filing the appeal before the appellate court for the reasons stated therein, then on merits the appeal court may allow the appeal to be conducted by the government authorities.
